An employee who acts as a whistleblower and reports the unlawful conduct of an employer or co-worker may experience some form of retaliation. Those caught in this situation may be confused, unclear as to their rights, and feeling trapped. Under Federal and Mississippi law, employees who report unlawful conduct are protected from retaliation by their employer or co-worker. You do have recourse if you have experienced negative repercussions at work due to your whistleblowing report.
The following is a list of questions frequently asked by whistleblowers in Mississippi concerning retaliation and their rights against it:
What protection do I have against retaliation by an employer?
Employees are protected from retaliation by employers for asserting protected rights. In a retaliation claim, the employer generally takes some negative action against the employee due to their assertion of their protected right. The retaliation can come in the form of:
- Suspension
- Demotion
- Harassment or intimidation
- Termination of employment
- Other threatening behavior
To win a retaliation suit, an employee must prove they engaged in a protected conduct; their employer took adverse action against them; and the employer took such adverse action because they engaged in protected conduct.
What conduct is protected?
In order to be protected, the conduct must be such that a federal or state law prohibits retaliation for engaging in it or the court finds retaliation against the conduct jeopardizes public policy. Some examples of protected conduct would include complaints about the conditions or terms of employment, as this is covered under the National Labor Relations Act.
If I report conduct that I believe is unlawful but it turns out to be lawful, am I still protected against retaliation?
So long as the report was made in good faith, yes. You will receive the same protection from retaliation as you would have if the conduct turned out to be illegal. It should also be noted that protection extends to former employees. Therefore, if you file a complaint but later leave the job and your employer provides unfavorable references due to your previous complaint, this is actionable retaliation.
How close in time must the retaliation be?
Time is often the most important evidence between whistleblowing and reprisal. Since you must establish the employer took the negative action due to your whistleblowing, an adverse event that takes place shortly after the protected conduct will be easier to prove. However, this does not mean actions that take place months later will be dismissed. Sometimes, an earlier, minor action against the employee can provide evidence to link the later, more dramatic reprisal. A skilled whistleblower attorney will assist you in analyzing the timing and strength of your potential case.
What are the remedies for retaliation?
The exact remedies available if you are successful in your suit will vary depending upon your jurisdiction and the law which your employer violated. However, some possible remedies include:
- Reinstatement
- Back pay
- Liquidated damages (double your back pay)
- Front pay (future wages)
- Punitive damages
- Attorney’s fees
Your attorney will discuss the precise remedies available to you after review of your case.
Barrett Law PLLC: Protecting Mississippi’s Brave Whistleblowers
For over 75 years, across three generations, the Mississippi Whistleblower Attorneys at Barrett Law, PLLC have provided skilled, zealous, and intelligent representation for courageous Mississippi whistleblowers. We believe that whistleblowers serve a vital function in our society, exposing waste of government resources and fraudulent conduct. As such, we will strive zealously to assist you in exposing such harmful conduct. Barrett Law, PLLC operates on a contingency fee basis and the first consultation is always free. The attorneys at Barrett Law, PLLC pride themselves on ensuring each and every client receives superior representation, with passion and zeal. Call today at 1 (601) 790-1505 to schedule your free consultation.
